Mitu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39515 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- FESHAR District- Aurangabad ====================================================== 1.

MITU RAM son of Late Somaru Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 2.

Kali Ram son of Late Somaru Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 3.

Jay Govind Ram son of Late Sonaru Ram, Village- Thakuri Bigha Takipur PS- Feshar Dist- Aurangabad 4.

Ranjit Ram son of Jaygovind Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 5.

Sudarsan Ram son of Jay Govind Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 6.

Mahesh Rajwanshi son of Jitan Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 7.

Biphan Ram son of Jita Ram, Village- Thakuri Bigha Takipur PS- Feshar Dist- Aurangabad 8.

Holi Ram son of Jitan Ram, Village- Thakuri Bigha Takipur PS- Feshar Dist- Aurangabad 9.

Anjay Ram son of Late Vishundeo Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 10.

Dhananjay Ram son of Vishundeo Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 11.

Jitendra Ram son of Surajdeo Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 12.

Upendra Ram son of Surajdeo Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 13.

Rupesh Ram son of Mitu Ram, Village- Thakuri Bigha Takipur PS- Feshar Dist- Aurangabad 14.

Mukesh Ram son of Mitu Ram, Village- Thakuri Bigha Takipur PS- Feshar Dist- Aurangabad 15.

Ajay Ram son of Late Mahavir Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 16.

Manoj Ram son of Late Mahavir Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 17.

Sanoj Ram son of Mahavir Ram, Village- Thakuri Bigha Takipur PS- Feshar Dist- Aurangabad 18.

Anoj Ram son of Late Mahavir Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 19.

Sikandra Ram son of Kail Ram, Village- Thakuri Bigha Takipur PS- Feshar Dist- Aurangabad 20.

Raman Ram son of Kail Ram, Village- Thakuri Bigha Takipur PS- Feshar

2/4 Dist- Aurangabad 21.

Ramashish Ram son of Kail Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 22.

Krishana Ram son of Ajay Ram, Village- Thakuri Bigha Takipur PS- Feshar Dist- Aurangabad 23.

Surajdeo Ram son of Late Mathura Ram, Village- Thakuri Bigha Takipur PS- Feshar Dist- Aurangabad 24.

Jitan Ram son of Late Samaru Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad 25.

Lakhuman Ram son of Jatan Ram, Village- Thakuri Bigha Takipur PSFeshar Dist- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-07-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Feshar P.S. Case No. 59 of 2023, registered for offence punishable under Sections 147, 148, 149, 323, 341, 325, 324, 307, 379, 504 and 506 of the Indian Penal Code.

3. As per allegation, when the informant was singing songs on the occasion of Holi amongst his society, all the accused persons armed with lethal weapons, came there and started assaulting them. Ajay Ram (petitioner no. 15) and Manoj

3/4 Ram (petitioner no. 16) assaulted the informant with Tangi on his head. Mitu Ram (petitioner no. 1), co-accused Mahesh Ram, Jitendra Ram (petitioner no. 11) and Krishna Ram (petitioner no. 22) assaulted Sudarshan Singh with sword and Garasa on his head. Rupesh Ram (petitioner no. 13), Upendra Ram (petitioner no. 12 ), Anoj Ram (petitioner no. 18) and Kail Ram (petitioner no. 2) assaulted Surenra Singh with Tangi, rod and Lathi on his head. Biphan Ram (petitioner no. 7), co-accused Moti Lal Ram, Sikandra Ram (petitioner no. 19), Sanoj Ram (petitioner no. 17) assaulted Nitish Kumar with country-made pistol and Farsa on his head. Raman Ram (petitioner no. 20), Anjay Ram (petitioner no. 9), Mukesh Ram (petitioner no. 14) and Ramashish Ram (petitioner no. 21) assaulted Manish Kumar with Lathi and Danda on his head and at the order of petitioners Mahesh Ram and Mitu Ram, all the accused persons starting assaulting the informant and Mitu Ram took away Rs. 5,000/- from his pocket. They also threatened to kill had he lodged any case against them.

4. The learned counsel for the petitioners has submitted that the occurrence had taken place on the trivial issue of singing songs on the occasion of Holi. He has submitted further that there is case and counter case. The injuries are not

4/4 mentioned in the impugned order. The petitioners have falsely been implicated in this case due to land dispute between the parties.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Feshar P.S. Case No. 59 of 2023, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T